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H0717...............................................by REVENUE AND TAXATION
COMMUNITY COLLEGE - TUITION - Amends existing law relating to community
colleges and tuition payments by a resident county to revise the liability
limits of a county which is liable for out of district tuition.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 717
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO COMMUNITY COLLEGES AND TUITION PAYMENTS BY A RESIDENT COUNTY;
3 AMENDING SECTION 33-2110A, IDAHO CODE, TO REVISE THE LIABILITY LIMITS OF A
4 COUNTY WHICH IS LIABLE FOR OUT OF DISTRICT TUITION AND TO MAKE TECHNICAL
5 CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-2110A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-2110A. TUITION OF OUT OF DISTRICT IDAHO STUDENTS, COUNTY TAXES AND
10 OTHER FINANCIAL SUPPORT. (1) Any student residing in the area of a county out-
11 side of a community college district or in a county without a community col-
12 lege district, who has been a resident of the county and state as defined by
13 section 33-2110B, Idaho Code, immediately prior to the date of his first
14 enrollment in a community college, which residence may not be acquired while
15 attending and enrolled in a community college, may enroll in any community
16 college in the state, and the county of his residence shall pay that portion
17 of his tuition as hereinafter set out. The tuition which shall be paid by the
18 resident county shall be that portion of the tuition uniformly established by
19 a community college district for all out of district students, both in state
20 as well as out of state, pursuant to section 33-2110, Idaho Code, after
21 deducting therefrom the amount of tuition paid by a resident student at the
22 community college; however, the liability of the resident county shall not
23 exceed two-thirds (2/3) the total tuition and fees charged and in no instance
24 shall it exceed five hundred dollars ($500) each semester for a two (2) semes-
25 ter year for a full-time student. The student shall pay the tuition and fees
26 charged a student resident in the district, and the balance, if any, of the
27 nonresident student tuition above the maximum liability of the county of his
28 residence. No county shall be liable for out of district tuition unless the
29 board of county commissioners of that county has first verified to the commu-
30 nity college in writing the fact that the student is a resident of the county.
31 Upon verification, the county shall thereafter be liable for the out of dis-
32 trict tuition so long as the student is duly enrolled and attending the col-
33 lege subject to the following limitations:
34 (a) Liability shall be for six (6) semesters or the term of the curricu-
35 lum for which the student is enrolled, whichever is lesser with a maximum
36 liability of three thousand dollars ($3,000).
37 (b) Liability shall terminate if the student's domiciliary residence
38 changes and that change continues for twelve (12) months.
39 (2) The nonresident tuition shall be established annually not later than
40 August 1st and shall be forthwith filed with the state board of education,
41 together with a statement supporting the computation thereof. Each community
42 college, by September 30 and March 1 of each year, shall bill the county of
43 residence of each nonresident student enrolled at the commencement of each
2
1 semester, and each board of county commissioners shall allow and order paid
2 any bill for tuition at the first regular meeting following receipt of the
3 bill, but not exceeding forty-five (45) days after receipt. Upon failure of a
4 county to pay the tuition, a community college district may commence action in
5 the district court of the state of Idaho for the county to collect the same.
6 (3) For the payment of tuition of nonresident students as herein pro-
7 vided, there shall be allocated in each county without a community college
8 district to a county community college fund, and paid to the county treasurer
9 to be held in that fund, fifty per cent percent (50%) of all moneys appor-
10 tioned to the county out of liquor funds of the state of Idaho as set forth in
11 chapter 4, title 23, Idaho Code, and that amount shall be deducted from the
12 amount that would otherwise be allocated to the county; and if liquor funds
13 are not sufficient to pay the tuition, commencing for the calendar year 1966,
14 the board of county commissioners shall levy upon the taxable property within
15 each county without a community college district, and, in a county with such a
16 district, upon the taxable property within the county lying outside of the
17 community college district, an ad valorem a property tax not to exceed six
18 hundredths per cent percent (.06%) of market value for assessment purposes, to
19 be certified as set out in section 33-2111, Idaho Code. The proceeds of the
20 levy shall be placed in the county community college fund. Apportionment of
21 liquor funds herein provided shall commence for the fiscal quarter ending Sep-
22 tember 30, 1965, and accruing during that quarter.
23 (4) Based upon the enrollment established by the first semester's tuition
24 bills received by September 30, the board of county commissioners shall estab-
25 lish immediately a total community college annual tuition budget for two (2)
26 semesters which shall be equal to twice the amount of the tuition bills plus a
27 contingency factor of ten per cent percent (10%). This budget shall be
28 adjusted after March 1 based on any change of enrollment shown by the second
29 semester tuition bills. If enrollment is from none to not more than four (4)
30 students, a minimum budget of five (5) students at five hundred dollars ($500)
31 each shall be established. In the event all tuition bills received have been
32 paid, notwithstanding any other provision hereof, (a) any liquor funds
33 received, which in the quarter when received to any extent are in excess of
34 the budget, to the extent of that excess shall not be paid over to the county
35 treasurer to be held in the community college fund, and (b) any funds received
36 from the levy on taxable property, which when received to any extent are in
37 excess of the budget after the application of liquor funds thereto, to the
38 extent of that excess shall not be paid over to the community college fund.
39 Excess liquor funds shall be paid pursuant to law as if this section were not
40 applicable and excess funds shall be paid to the general fund of the county.
41 In the event the total liquor fund payable hereunder to the county community
42 college fund together with the receipts from the levy on taxable property for
43 each fiscal year are insufficient to pay tuition bills, which deficiency is
44 caused by a levy of less than the maximum allowed hereunder, or by enrollment
45 in excess of the budget herein provided, the budget for each following year
46 shall be increased to the maximum allowed by the maximum tax levy authorized
47 to pay any deficiency at the earliest time. If the deficiency is due to the
48 lack of funds in a fiscal year when the maximum levy authorized shall have
49 been made, for the next fiscal year thereafter the number of students from
50 that county shall be limited by the board of county commissioners to the
51 extent necessary to pay the deficiency not later than the end of the following
52 year. Provided nevertheless, for the two (2) semesters commencing September,
53 1965, the board of county commissioners shall limit the community college bud-
54 get and total students to estimated liquor funds available on quarterly dis-
55 bursements through June 30, 1966. Any limitation of students authorized shall
3
1 be accomplished (a) on the basis of student grades and financial need, and (b)
2 by each community college notifying the county of residence of each student's
3 application and the county shall accept or reject the application at least
4 five (5) days prior to the tuition billing dates set out herein. A community
5 college shall nevertheless have a right to require any student residing out-
6 side the district to pay nonresident tuition if the county of his residence is
7 more than twenty-five per cent percent (25%) in arrears of a total county
8 tuition bill for one (1) year as of the beginning of the subsequent semester,
9 but tuition shall be refunded to such students when paid by the county.
STATEMENT OF PURPOSE
RS 13882
Currently Idaho Code allows that counties pay a portion of a
resident student's community college tuition not to exceed $500
each semester for a two semester year for a full time student up
to six semesters which would be a total of $3,000.00 (three
thousand dollars).
The purpose of this legislation is to recognize that community
college students today do not necessarily complete their
education within six semesters, because they often have to work
for a living while working towards a college degree.
This legislation leaves the county exposure cap at $3,000.00 but
would allow a longer period of time for students to complete
their community college courses.
FISCAL IMPACT
The legislation leaves in place the current cap of $3,000.00.
However, it is possible that this change could attract more
students into community college courses thus expanding the
counties overall budget. This cost could be offset though
because students completing college courses can increase their
income earning potential thus increasing their ability to pay
taxes and contributions to the counties overall economy.
Contact: Boundary County Commissioners (208)267-7723
Name: Sen. Shawn Keough 332-1000
Rep. Eskridge 332-1000
Rep. John Campbell 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 717